How to Include Real Property in an Estate Under West Virginia Law

Detailed Answer

Including real property in a decedent’s estate under West Virginia law requires careful steps to ensure clear title transfer and compliance with probate statutes. Below is a step-by-step guide:

1. Locate and Verify Title Documents. Obtain the deed, mortgage records, and title insurance policy. Confirm the decedent owned the property free of liens or note any encumbrances.
2. Open Probate Proceedings. File a petition with the local probate court to open a formal estate administration. See WV Code § 44A-3-301 (code.wvlegislature.gov/44A-3-301/).
3. Appoint a Personal Representative. The court issues Letters of Administration (if no will) or Letters Testamentary (if a will exists), empowering the representative to manage estate assets.
4. Inventory and Appraise the Property. The personal representative must file an inventory of assets, including real property, and obtain an appraisal. See WV Code § 44A-3-502 (code.wvlegislature.gov/44A-3-502/).
5. Resolve Liens and Taxes. Notify known creditors, pay estate debts, mortgage balances, and property taxes before distribution.
6. Transfer Title. Prepare and record a new deed conveying the real property from the decedent’s name to the estate or directly to beneficiaries under the will or by intestate succession. Recording the deed in the county clerk’s office ensures public notice. WV Code § 44A-3-614 covers distribution procedures (code.wvlegislature.gov/44A-3-614/).
7. Distribute According to Will or Intestacy Laws. If the decedent left a valid will, distribute per its terms. Without a will, follow WV’s descent and distribution rules under WV Code § 42-1-2 (code.wvlegislature.gov/42-1-2/).
8. Close the Estate. After settling debts and distributing assets, petition the court for a final discharge of the personal representative.

Key Statutes Cited:
34A-3-301 Opening probate
34A-3-502 Inventory & appraisal
34A-3-614 Distribution procedures
42-1-2 Intestate succession rules

Disclaimer: This article provides general information only. It does not constitute legal advice. Always consult a qualified attorney to address your specific circumstances.

Helpful Hints

• Order a full title search early to uncover hidden liens or easements.
• Keep original deeds and court documents in a secure file.
• Communicate promptly with beneficiaries to reduce disputes.
• Consider hiring a real estate attorney for complex property or tax issues.
• Record all documents promptly to maintain clear ownership records.
• Review estate tax deadlines under WV law to avoid penalties.